Bombay High Court

VISHNU @ TUKYA HARIDAS DAKE (C-8875)versusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF

Holding

The petition was dismissed as infructuous because the petitioner had been acquitted, leaving no relief to grant.

Summary

Vishnu @ Tukya Haridas Dake filed a criminal writ petition seeking release on furlough. No counsel appeared for him. The court noted that his criminal appeal (No. 386 of 2022) had been allowed and he was acquitted on 27 February 2024. Since the conviction no longer existed, the petition had no operative relief to grant. Consequently, the court held the petition infructuous and disposed of it. The petition was therefore dismissed without any order on furlough.

Issues considered

Whether a criminal writ petition seeking furlough remains maintainable after the petitioner has been acquitted in a prior appeal

Subjects

criminal law
writ petition
acquittal
furlough
infructuous

Judgment

2026:BHC-AUG:38974-DB

920 CRIMINAL WRIT PETITION NO. 797 OF 2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

920 CRIMINAL WRIT PETITION NO. 797 OF 2023

Vishnu @ Tukya Haridas Dake (C-8875)
VERSUS
The State Of Maharashtra
__________________________________________________________
Adv. Salunke Sudarshan J. (appointed) for the Petitioner -
Absent
Mr. S. J. Salgare, APP for State
__________________________________________________________

CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.

DATE : AUGUST 20, 2026

PER COURT :

1) None appears for the petitioner.

2) The petitioner has sought his release on

furlough. However, as per the report of the Resource

Personnel of this Court dated 19.08.2026, the Criminal

Appeal No. 386 of 2022 filed by the petitioner against his

conviction was allowed by this Court on 27.02.2024 and

the petitioner was acquitted. In view of the same, nothing

survives in the present petition. Criminal Writ Petition,

therefore, stands disposed of as infructuous.

(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE

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